Research On Crime Victims In Criminal Policy Field

Bourdieu’s field paradigm provides a brand new method for the analysis of criminal policy. The criminal policy field below the field pattern is built in the reaction to the crime by national organization of state. It contains the interaction between criminal, criminal victim, judicial organs and other subjects as the content, at the same time, conveys the core of the competition of judicial right in a objective network and environment. The basic factors of this paradigm include:a dominant-dominated relationship between the holder of criminal power and other parties, an opposite relationship of the fact and law, a coordinated relationship between the judiciary and the social remedies of victim protection. The interaction and the mixture of these relationships not only endow the criminal policy with life but also determine the tense status of the criminal policy. Thus, as one of the actors in the field of criminal policy, the criminal victoms are not only restricted and dominated by judicial power, but also get close to and impact on it actively.As a objective actor of building judicial policy field, to get approach and impact on the judicial power, victims make strategy selection based on problem or capital-oriented strategy. The action strategy and the behavior logic of criminal victim reminds us:the strategy of victoms is not the production of rational analysis or pure perceptual impulse, but a kind of understandable practical logic based on experience. Therefore, the criminal policy field contains the complicated strategies of victims, judicial organizations and criminals, which lead to the victim policy that we pursue. In logic scope and content, the victim’s criminal policy is different from the traditional one-goal judicial policy, victim criminal policy doesn’t solely focus on the national remedy or enhance the rights of victims. It’s also different from the operation mechanism of remedy justice. The victim criminal policy aims at "actor-field" interactive relationship to produce a judicial policy, to highlight the dynamical mechanism to make judicial policy convert from vertical dimension to horizontal dimension. The legal foundation of this approach is that:on the one hand. it effectively responds the internal demand of an open and dynamic logic judicial policy. On the other hand, it provides an external physical strength source out of power for legitimate criminal policy. The fundamental purpose is, by using this strategy or structure process, to achieve the "systematic trust" on existing criminal power.Compared with emotion, the mood of victims is on a different level, it cannot be tagged as "irrational" mood. Victim emotion is a complex emotional systemThe mood of resentment, comfort and forgiveness interact, contribute to victim’s behavior choice in the field of criminal policy. It’s also reveals its action strategy. Thus, other than the criticized "irrational" tags, victims mood should be recognized as not only a subjective personal acknowledge and stimulated reaction, but also a social and interpersonal relationship phenomenon that must be paid attention to. Victim mood, in some degree, builds the foundation of legitimacy basis of the criminal policy. By using subsidiary victim’s dogmatism principle and self-responsibility principle, we could provide victim’s criminal policy for value basis, from law and fact two levels. Discovering and reviewing the status, action strategy and mood of victims in the criminal policy field, we could not only break the restrictions of pure judicial scope, reveal and analyze the basis of victim issue, complete the jurisprudence study of criminal victim’s criminal policy, on the other hand, which is more important is that, it brings us return to the ’criminal law’ evaluation perspective, searching the institutional approach and standardization limitation from the framework of doctrine of criminal law victim criminal legislation, justice and execution policies, it includes two route both internal and external. The internal route requires the distinction of victim’s personal and behavior characteristics to avoid arbitraries. The external route includes, taking principle of legal interest protection, the last safeguard law principle and the effectiveness of punishment principle in to account as the judicial standard. In the participation of victims in the criminal justice, we need to pay attention to the coordination between public legal system supply and the normalizing of the form of victims participate in criminal justice. It’s also ought to pay attention to the consistency of the procedural justice and the participants based on the agreement of victims of the execution.